Section 9 of The Immoral Traffic (Prevention) Act, 1956
Seduction of a person in custody.
1*** Any person who 2[having the custody, charge or care of, or a position of authority over, any 3[person], causes or aids or abets the seduction for prostitution of that 3[person], 4[shall be punishable on conviction with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years]. 5* * * * *
Summary
- This rule targets people who are in a position of trust, authority, or care over someone else.
- If a person in charge of someone causes, helps, or encourages that person to be seduced into prostitution, they are committing a severe crime.
- Because it involves breaking a bond of trust, the punishment is extremely harsh.
- The standard minimum sentence is seven years in prison, but it can go up to ten years or even life in prison.
- The judge can only give a sentence shorter than seven years if there are very special and adequate reasons, which must be written down in the official court judgment.
Practical examples
FAQ
1. Does this law apply to strangers off the street?
No, this specific section only applies to people who have custody, care, charge, or a position of authority over the victim.
2. What is the absolute highest penalty a person can receive under this section?
The court can sentence the offender to life in prison.
3. Can a judge give a sentence of five years for this crime?
Yes, but it is rare. The judge must have adequate and special reasons to drop below the seven-year minimum, and they must record those reasons in the judgment.
Test yourself
1.Under Section 9 of The Immoral Traffic (Prevention) Act, 1956, who is specifically targeted by this provision regarding the seduction of a person?
2.Under Section 9 of The Immoral Traffic (Prevention) Act, 1956, if a shelter director forces a resident into prostitution, what is the standard minimum prison sentence they will face?
3.Under Section 9 of The Immoral Traffic (Prevention) Act, 1956, is it ever legally possible for a judge to give a prison sentence of less than seven years to someone who seduces a person in their custody?
4.Under Section 9 of The Immoral Traffic (Prevention) Act, 1956, what is the maximum possible prison sentence an offender can receive for this crime?